Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

Question 84: To ask the Minister for Justice, Equality and Law Reform if he proposes to introduce legislation to provide for the prosecution in domestic courts here of Irish nationals who commit offences abroad regarding sexual conduct with children; and his views on whether such legislation is necessary. [15332/08]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The Sexual Offences (Jurisdiction) Act 1996 provides for the prosecution in the State of Irish citizens or persons ordinarily resident in the State for an act against or involving children abroad. Under section 2 of the Act, the act must be a sexual offence under the law of the place it was done and, had it been done within this State, would have constituted an offence listed in the Schedule to the Act.

The recently enacted Criminal Law (Human Trafficking) Act 2008 also contains jurisdictional provisions which ensure that Irish citizens and persons ordinarily resident in the State who commit trafficking offences abroad can be prosecuted in the State in respect of those offences.

I am at present preparing a Criminal Law (Sexual Offences) Bill which will include several new offences aimed at offering further protection to children and other vulnerable persons against sexual exploitation and abuse. It is my intention to include in that Bill jurisdictional provisions similar to those in the Criminal Law (Human Trafficking) Act.

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

This question specifically arose as a result of the final report of the review inquiry into what has become known as the McElwee case. In June 2004, it was alleged that an Irish citizen, employed by the Midland Health Board and engaged in work for the child and youth care learning centre in Athlone Institute of Technology, sexually assaulted an individual while on a visit to Amsterdam to research issues relating to drugs and young people. Ultimately, this resulted in a conviction in the courts in July 2005.

In July 2004, an inquiry came from the Dutch authorities to the Department of Justice, Equality and Law Reform as to whether a prosecution could be taken in this State and, in October 2004, the DPP stated it could not. One of the charges related to an alleged sexual assault on a 16 year old for which a conviction was ultimately sustained through the Dutch courts. The Minister may not be aware of the full detail of this case and, if not, he can communicate with me.

Will the reform the Minister intends to bring forward cover this type of incident? Will he ensure that in all circumstances where an Irish citizen abroad commits a sexual offence against a young person the offence is prosecutable at home? Obviously, it must be in circumstances where the alleged victim is available to give evidence in this State. Will the Minister ensure this particular issue is dealt with?

Arising out of the McElwee case, it emerged that despite the fact that the Department of Justice, Equality and Law Reform was notified of the original alleged offence and subsequently was directly involved in facilitating the Dutch authorities in serving the summons on the person convicted, the Department failed to inquire as to the outcome of the proceedings. It was only in June and July 2007 that it became publicly known, forcing this man to resign from his position and to cease working as a consultant to the Midland Health Board.

The House was told that a meeting was to be convened as a matter of urgency involving senior officials from the Department of Health and Children, the HSE, the Garda Síochána, the Department of Education and Science and the Department of Justice, Equality and Law Reform to ensure that, in future, the Children First guidelines are abided by. Has this meeting happened? Despite the Department of Justice, Equality and Law Reform having information on this matter from 2004 onwards, it failed to communicate it to any other body of relevance and by 2005 it had been made aware that the person involved was working in the child care area.

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

Another question has been tabled on the McElwee case and I am aware of the circumstances of it. One of the reasons we propose to change the legislation is to tighten up the situation, not necessarily flowing from this particular case. For this new legislation, we have taken on board the views of various bodies, including the Ombudsman for Children, the Irish Human Rights Commission and what flowed from the report of the Oireachtas Committee on Child Protection on the 2007 Council for Europe convention against sexual exploitation and the sexual abuse of children. It was part of an overall Bill but because we wanted to fast track dealing with human trafficking, we brought it forward as a separate Bill, which, as the Deputy knows, will come into law on 7 June.

A Bill on sexual offences will be brought forward and will take care of the situation provided a similar offence exists in this jurisdiction to that committed by the person. In all circumstances where a similarity exists between the offence committed in the foreign jurisdiction and this jurisdiction, it would be possible to ground a prosecution here.

Will the Deputy table a specific question on whether the meeting has taken place? I expect a meeting has taken place and meetings are taking place on a constant basis.